PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 24 June 2003
         DOCKET NUMBER: AR2003084266


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Ms. Beverly A. Young		Analyst

The following members, a quorum, were present:

Ms. Margaret K. Patterson		Chairperson
Mr. Ronald E. Blakely		Member
Mr. Frank C. Jones		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

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2. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show three awards of the Purple Heart. He also requests issuance of award certificates for the Purple Heart.

3. The applicant states that the Purple Heart awarded to him is not listed on his DD Form 214. He claims that he has not received the two other awards of the Purple Heart or any certificates. In support of his application, he submitted two DD Forms 214.

4. The applicant's request for award certificates for the Purple Heart has been addressed by separate correspondence.

5. The applicant’s military records show that he enlisted in the Regular Army on 18 August 1965 for a period of three years. He successfully completed basic and advanced individual training and was honorably discharged on 23 August 1967. He reenlisted on 24 August 1967 for a period of six years. He served twice in Vietnam; however, there is no documentation which shows the specific arrival and departure dates for each of these tours of duty in Vietnam. The applicant was honorably released from active duty on 25 July 1973 and subsequently served in the Army National Guard from 8 August 1973 through 7 August 1974.

6. The applicant's service personnel records contain two DD Forms 214. His discharge with an ending date of 25 July 1973 does not show entitlement to any awards of the Purple Heart.

7. The applicant's personnel records contain a copy of Page 4 of his DA Form 20 (Enlisted Qualification Record). There is a handwritten entry in item 41 (Awards and Decorations) on his DA Form 20 which shows he was awarded the Purple Heart based on 1st Cavalry Division, General Order Number 3418, dated 20 June 1967. Review of Headquarters, 1st Cavalry Division General Orders Number 3418, dated 21 June 1967, revealed that these orders awarded the Air Medal (First Oak Leaf Cluster) to another soldier assigned to Troop B, 1st Squadron, 9th Cavalry.

8. There are no orders available to the Board which show the applicant was awarded the Purple Heart. The applicant's name is not listed on the Vietnam Casualty Roster.

9. The applicant’s personnel records contain a Report of Medical History and a Report of Medical Examination prepared on 1 March 1973. Neither of these documents make reference to wounds sustained in combat or show wounds or injuries consistent with those received as a result of hostile action.

10. The Board noted that the applicant is entitled to award of the Bronze Star Medal (First Oak Leaf Cluster), the Vietnam Service Medal with four bronze service stars, the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation which are not shown on his discharge documents.

11. The applicant's personnel records contain Headquarters, 1st Aviation Brigade General Orders Number 899, dated 5 February 1973, which awarded him the Bronze Star Medal (First Oak Leaf Cluster) for meritorious service from September 1972 to March 1973.

12. There is no evidence available to the Board which shows the dates in which the applicant served during the Vietnam War. His DD Form 214 with an ending date of 23 August 1967 shows he completed 1 year of foreign service in Vietnam. His DD Form 214 with an ending date of 25 July 1973 shows he completed 2 years, 11 months and 10 days of foreign service in the U.S. Army Pacific (USARPAC).

13. The applicant's personnel records contain 1st Cavalry Division (Airmobile) General Orders Number 35, dated 4 January 1967, which awarded him the first award of the Air Medal for the period 11 July 1966 to 10 September 1966. This verifies that he was assigned to the 228th Aviation Battalion in Vietnam from 11 July 1966 to 10 September 1966.

14. His records also contain 1st Cavalry Division (Airmobile) General Orders Number 2946, dated 4 June 1967, which awarded him the Air Medal with First Through Eleventh Oak Leaf Clusters. This order shows that he received these awards of the Air Medal while assigned to the 228th Aviation Battalion in Vietnam from 11 September 1966 to 8 April 1967.

15. His records contain 1st Cavalry Division (Airmobile) General Orders Number 3416, dated 21 June 1967, which awarded him the Twelfth and Thirteenth Oak Leaf Clusters to the Air Medal while he was assigned to the 228th Aviation Battalion in Vietnam from 9 May 1967 to 25 May 1967. All awards of the applicant's Air Medals are correctly shown on his DD Form 214 with an effective date of 23 August 1967.

16. The applicant's records contain 1st Aviation Brigade General Orders Number 899, dated 5 February 1973, which awarded him the Bronze Star Medal (First Oak Leaf Cluster) for meritorious service for the period September 1972 to March 1973.

17. The applicant's DD Form 214 with an ending date of 23 August 1967 shows the Vietnam Service Medal as an authorized award, but no bronze service stars to recognize his campaign credit. Appendix B of Army Regulation 600-8-22 shows he participated in four campaigns of the Vietnam War during his service in Vietnam from July 1966 to May 1967.

18. The applicant's DD Form, 214 with an effective date of 25 July 1973 shows entitlement to one bronze service star to be affixed to his Vietnam Service Medal. Award of this bronze service star is recognition of his participation in the Vietnam Cease-Fire Campaign during his service in Vietnam from September 1972 to March 1973.

19. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows that the applicant's unit, the 228th Aviation Battalion, was cited for award of the Meritorious Unit Commendation for actions during the period September 1965 to November 1966 based on Department of the Army General Orders Number 17, dated 1968.

20. Department of the Army Pamphlet 672-3 also shows that the 228th Aviation Battalion was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 59, dated 1969.

21. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

22. Army Regulation 600-8-22 also provides that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of the Bronze Star Medal.

23. Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

CONCLUSIONS:

1. The Board considered the applicant's request for three awards of the Purple Heart.

2. There are no orders available to the Board which authorize award of the Purple Heart to the applicant.

3. There are no medical records which show that the applicant was wounded or treated for wounds as a result of hostile action.

4. There are no award citations which state that the applicant was wounded or injured as a result of hostile action.

5. The Board noted the entry on the applicant's DA Form 20 which shows he was awarded the Purple Heart based on 1st Cavalry Division, General Order Number 3418, dated 20 June 1967. However, these orders do not award the Purple Heart to the applicant.

6. In the absence of any evidence that the applicant was wounded as a result of hostile action or orders awarding him the Purple Heart, the Board determined that there is insufficient evidence upon which to base any awards of the Purple Heart in this case.

7. General Orders show the applicant was awarded the Bronze Star Medal (First Oak Leaf Cluster) for meritorious service from September 1972 to March 1973. Therefore, his records will be corrected to show this award.

8. There is no evidence of record available to the Board which shows the applicant's specific dates of service in Vietnam. However, General Orders entitling the applicant to decorations confirms that he served in the 228th Aviation Battalion in Vietnam during the period July 1966 through May 1967.

9. The applicant's DD Form 214 with an ending date of 23 August 1967 shows the Vietnam Service Medal as an authorized award. However, based on the applicant's service in Vietnam from July 1966 through May 1967, he is entitled to credit for participation in four campaigns. Therefore, the applicant's DD Form 214 with an ending date of 23 August 1967 will be corrected to show the Vietnam Service Medal with four bronze service stars.

10. Since the applicant's DD Form 214 with an effective date of 25 July 1973 also shows an award of a bronze service star to be worn on his Vietnam Service Medal, the Board determined that his DD Form 214 must be corrected to show award of the Vietnam Service Medal with one silver service star.

11. While the applicant was assigned to the 228th Aviation Battalion, this unit was cited for award of the Meritorious Unit Commendation. Therefore, his records will be amended to show this unit award.

12. The Department of the Army Pamphlet 672-3 shows that the applicant's unit, the 228th Aviation Battalion, was also cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, his records will be amended to show this foreign unit award.
13. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected:

a. by amending the DD Form 214 with an ending date of 25 July 1973 of the individual concerned to show he was awarded the Bronze Star Medal (First Oak Leaf Cluster) and the Vietnam Service Medal with one silver service star.

b. by amending his DD Form 214 with an ending date of 23 August 1967 to show award of the Vietnam Service Medal with four bronze service stars, the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2. That so much of the application as it relates to three awards of the Purple Heart be denied.

BOARD VOTE:

MKP_____ REB____ FCJ____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Margaret K. Patterson_
                  CHAIRPERSON

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INDEX

CASE ID	AR2003084266
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030624
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT IN PART
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	107.0015
2.
3.
4.
5.
6.